Tag Archives: disparate impact

Fire Law Roundup for October 14, 2024

In this episode of Fire Law Roundup for October 14, 2024, Brad and Curt discuss the settlement of a lawsuit arising out of an assault in California; a ruling that upheld a public utility decision citing a utility for not ...

North Carolina City Enters Into Consent Decree Over Hiring Process

The City of Durham has entered into a consent decree with the US DOJ in response to claims that the hiring process used by the Durham Fire Department unintentionally created a disparate impact on African Americans. The consent decree resolves allegations that the city “disproportionately excluded African-American applicants from employment" as firefighters.

Madison’s Physical Abilities Test Upheld by Seventh Circuit

The Seventh Circuit has upheld a physical abilities test used by the Madison Fire Department despite the fact it creates a disparate impact on female candidates. The suit was brought by Catherine Erdman, a Janesville firefighter who failed the Madison physical abilities test in 2014.

Fire Law Roundup for September 5, 2022

In this episode of Fire Law Roundup for September 5, 2022, Brad and Curt discuss the settlement of a reverse discrimination lawsuit filed twelve years ago against the Northeast Ambulance and Fire Protection District in Missouri; a disparate impact race ...

FDNY Fire Inspectors Allege Race Discrimination In Pay and Safety Equipment

Five FDNY fire inspectors along with their union have filed a class action suit claiming their wages and safety concerns have been ignored as part of a "long history of racial discrimination at the Fire Department of New York.”

Cleveland Lieutenants Allege Disparate Impact Bias on Captain’s Exam

Twenty-four fire lieutenants with the Cleveland Fire Department are suing the city alleging that the results of a recent captain’s exam produced such a statistical imbalance that it violates federal anti-discrimination guidelines. While such an claim, referred to as disparate impact discrimination, is hardly precedent setting, what is unusual is that white firefighters are making it.

Four FDNY Firefighters Challenge Shaving Requirement As Discriminatory

Four African American firefighters have filed suit against the City of New York challenging FDNY’s requirement that they be “clean shaven”. The firefighters claim the city's policy is part of a deliberate effort to “thin the ranks of African American firefighters.”

Settlement Reported in Jacksonville Race Discrimination Suits

Jacksonville has reportedly reached a tentative settlement of three fire department promotion-based race discrimination lawsuits. The three suits were brought by the US Department of Justice and the EEOC and allege disparate impact discrimination in the department’s promotional process between 2004 and 2011.

Mass Civil Service Commission Overturns Lieutenant’s Discipline

The Massachusetts Civil Service Commission has overturned the suspension of a Rockland Fire Department lieutenant, and in the process raised questions about favoritism and racism in the department. Lt. Craig Erickson was initially disciplined over an incident when a mutual aid response as a RIT to a working structure fire was delayed as personnel argued over who was to respond.

Podcast Episode 10 – Firefight: The Century-Long Battle to Integrate New York’s Bravest

In this episode of Fire Law, Curt interviews Ginger Adams Otis, the author of Firefight: The Century-Long Battle to Integrate New York's Bravest. Ginger is a writer for the NY Daily News and previously worked for the NY Post. She started covering NY City Hall and the FDNY when she worked for The Chief-Leader.

Judge Rules City Must Produce Psychologist’s Report in Jacksonville Discrimination Suit

A judge presiding over a race discrimination lawsuit against the Jacksonville Fire and Rescue Department has ordered the city to produce the report of a psychologist hired in 2010 to provide advice relative to avoiding race discrimination in the promotional process.

Judge Finds Prima Facia Evidence of Discrimination in Jacksonville

A US District Court Judge has found that the Department of Justice has successfully established a prima facia case of race discrimination against Jacksonville Fire Rescue in regards to their promotional process.

Buffalo Fire Argues That Four Decades is Enough

In 1974, the US DOJ filed suit against Buffalo alleging the fire department’s hiring process was discriminatory. What followed was nearly forty years of court mandated hiring quotas overseen by Judge John T. Curtin. Now the city is seeking to end the court mandated hiring quotas and bring Judge Curtin’s role in hiring to an end...

Promotional Testing: Memphis and The Two Year Eligibility List Fourteen Years Later…

This past week the Sixth Circuit of the U.S. Court of Appeals handed down a key decision in the battle over promotional testing procedures in Memphis, Tennessee. While the case involves promotion to Sergeant in the Memphis Police Dept., it will undoubtedly have effects across all public safety organizations, including fire departments.

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